From April 1, 2026, a number of important new regulations relating to intellectual property in Vietnam officially take effect. These changes not only affect filing procedures, but also have a direct impact on how businesses plan and implement their intellectual property protection strategies in Vietnam.
In this article, TRAN & TRAN Intellectual Property Law Firm highlights several notable updates, particularly those concerning trademarks, in order to help businesses better understand the new legal framework and proactively adapt their brand protection strategies.
1. Trademark applications will be published immediately after passing formality examination
One of the most notable changes is that a trademark application will be published immediately after it is accepted as to formality.
Under previous practice, the authority would normally issue a separate notification on the result of the formality examination, such as a notice of acceptance or refusal on formal grounds, which often lengthened the overall procedure.
Under the new rules:
- the separate procedure for issuing a notification on the formality examination result is removed;
- trademark applications will be published once they satisfy the formality requirements; and
- the filing process becomes more streamlined and transparent.
This amendment is expected to shorten the prosecution timeline and allow applications to move more quickly to substantive examination, while also providing a clearer basis for third parties to monitor published applications and file oppositions when necessary.
2. Clearer legal consequences for applications failing to meet formality requirements
The amended law also provides a clearer legal framework for applications that do not satisfy formality requirements:
- if the application meets the formality requirements, it will be published and proceed to substantive examination;
- if the application fails to meet the formality requirements, it will be refused and deemed never to have been filed.
Importantly, even though such an application is deemed never to have been filed, it may still be used as a basis for claiming priority.
This is a meaningful clarification, particularly for applicants involved in international filing strategies or those relying on priority rights under relevant international conventions.
3. Stricter control over trademarks containing the term “Vietnam”
Another important development is the strengthened protection and stricter examination of trademarks containing the country name “Vietnam”.
Under the amended provisions:
- “Vietnam” is separated from the category of ordinary geographical indications or place names; and
- a sign containing “Vietnam” may only be registered as a trademark with the permission of a competent State authority.
The purpose of this amendment is to:
- prevent the monopolization of the country name for private commercial purposes; and
- safeguard the public and national value associated with the name of the country.
By contrast, ordinary geographical names may still be considered for protection in certain cases if the applicant can prove actual use and extensive public recognition sufficient to establish distinctiveness.
4. Practical implications for businesses and applicants
The changes taking effect from April 1, 2026 reflect several clear legislative trends in Vietnam’s trademark system:
- simplification of administrative procedures;
- acceleration of the examination process; and
- greater emphasis on the accuracy and completeness of the application from the outset.
At the same time, these changes mean that applicants need to be more careful in preparing their filings. Any formal defect may result in the application being rejected at a very early stage, which could disrupt a broader filing or branding strategy.
Accordingly, businesses are strongly advised to:
- conduct a pre-filing trademark search;
- prepare filing documents carefully and accurately;
- define the goods/services specification properly; and
- seek professional advice in cases involving sensitive elements, such as country names or geographical terms.
5. Observations from an industrial property representative’s perspective
From a practical prosecution perspective, the amendments to Articles 109 and 110 may be regarded as positive developments because they:
- reduce unnecessary administrative steps;
- improve procedural efficiency; and
- continue to safeguard the legitimate rights and interests of applicants.
At the same time, the stricter regulation of the term “Vietnam” indicates a stronger policy direction toward protecting national identity and preventing misuse of nationally significant signs in private trademark monopolization.
6. Conclusion
Overall, the new intellectual property policies effective from April 2026 represent an important step in further refining Vietnam’s intellectual property legal framework.
For businesses, these changes create both an opportunity and a challenge: while procedures may become faster and more efficient, the standard for filing preparation is now more demanding from the very beginning. Careful planning and professional guidance will therefore remain essential for businesses seeking to secure and enforce their trademark rights effectively in Vietnam.
TRAN & TRAN – Supporting the protection of your intellectual property assets
With nearly 15 years of experience in intellectual property practice, TRAN & TRAN Intellectual Property Law Firm provides comprehensive services covering clearance searches, filing, prosecution, and enforcement, helping businesses transform innovation into long-term and sustainable value.
TRAN & TRAN INTELLECTUAL PROPERTY LAW FIRM
Room 802, Talico Building, No. 22 Ho Giam Street, Hanoi, Vietnam
Tel: +84-24-37327466 | 0917 913 266
Email: ip@trantran.vn
Website: www.trantranlaw.com
